SUNIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present writ petition the petitioner has assailed the order dated 18 th January, 2012 passed by the disciplinary authority accepting the enquiry report dated 27th December, 2011.

(2.) The petitioner was employed as a Sweeper in the CISF as back as on 01.08.1994. It is not disputed that he was awarded punishment for overstay on 31st July, 2001, 8th May, 2008 and 9th August, 2010. In this background, with regard to the incident occurred on 25th October, 2011, disciplinary proceedings was conducted against the petitioner pursuant to the memorandum of charges dated 8/9th November, 2011 wherein the following charges under Rule 36, CISF Rules, 1969 were levelled against the petitioner:

(3.) In his reply, the petitioner had taken up the stand that he was on medical rest on the fateful day i.e. on 25th October, 2011 and therefore denied involvement in the incident which was the subject matter of the first charge.